Wow! I never even thought about grandparents suing for visitation of adopted kids. Anyone can sue anyone else so even if the case gets thrown out or you win you’ll still have to hire an attorney, take time of off work, etc.
While reading up on foster care adoption, and things to be careful of, I came across a post on a board about adoptive parents being sued for adoption by the biological grandparents. I had no idea what even after you adopt a kid from foster care, the biological grandparents could come along and sue the adoptive parents! This is just more fear to put on my list about adoption.Anyhoo … you might want to consider that as well.
Under California law, a grandparent can ask the court for reasonable visitation with a grandchild. To give a grandparent reasonable visitation with a grandchild, the court has to:
- Find that there was a pre-existing relationship between grandparent and grandchild that has “engendered a bond.” This means that there is such a bond between grandparent and grandchild that visitation is in best interest of the grandchild. AND
- Balance the best interest of the child in having visitation with a grandparent with the rights of the parents to make decisions about their child.
In general, grandparents cannot file for visitation rights while the grandchild’s parents are married. But there are exceptions, like:
The parents are living separately;
A parent’s whereabouts are unknown (and have been for at least a month);
One of the parents joins the grandparent’s petition for visitation;
The child does not live with either of his or her parents; or
The grandchild has been adopted by a stepparent.